§ 1230-c. Niagara Falls public water authority. 1. A public
corporation to be known as the "Niagara Falls public water authority" is
hereby created for the public purposes and charged with the duties and
having the powers provided in this title. The authority shall be a body
corporate and politic constituting a public benefit corporation.

2. The governing body of the authority shall consist of a total of
three members, one of which is to be appointed by the mayor, one to be
appointed by the temporary president of the senate at the recommendation
of the senator or senators representing all or a portion of the city,
and one to be appointed by the speaker of the assembly at the
recommendation of the assembly member or members representing all or a
portion of the city. At all times, at least one member shall be a
resident of the city. The member to be appointed by the mayor shall be
appointed for a term of office ending on December thirty-first of the
third year following the year in which this title shall have become a
law, the member to be appointed by the temporary president of the senate
shall be appointed for a term ending on the thirty-first day of December
of the fourth year following the year in which this title shall have
become a law, and the member to be appointed by the speaker of the
assembly shall be appointed for a term ending on the thirty-first day of
December of the fifth year following the year in which this title shall
have become a law. Subsequent appointments of members shall be made for
a term of three years ending in each case on December thirty-first of
the last year of such term. All members shall continue to hold office
until their successors are appointed and qualify. All members shall
hold, at a minimum, a bachelor's degree from an accredited college or
university, with concentration or degree in one of the following areas
of study and at least five years of professional experience therein, or
without such degree, such member shall have at least ten years of
professional experience in one of the following fields: legal,
environmental, financial, management, engineering, human resources, or
science. Vacancies shall be filled in the manner provided for original
appointment. Vacancies, occurring other than by expiration of term of
office, shall be filled by appointment for the unexpired terms. Members
may be removed from office only for the same reasons and in the same
manner as provided by section twenty-eight hundred twenty-seven of this
chapter. Each member shall attend, in each fiscal year, at least
seventy-five percent of all meetings of the governing body. Any member
fulfilling the requirement that at least one member be a resident of the
city shall forfeit his or her membership on the governing body upon such
member's termination of residence in the city, which forfeiture shall
create a vacancy. The members of the authority shall receive no
compensation for their services but shall be reimbursed for their
actual, necessary expenses incurred in connection with the carrying out
of the purposes of this title; provided, however, that no member shall
be reimbursed for any expense of attending ordinary authority meetings
or any other expense exceeding one thousand dollars incurred with
respect to any individual purpose, unless the governing body at a
meeting duly called and held when all three members are present shall
have authorized such expenditure by such member. The powers of the
authority shall be vested in and be exercised by the governing body at a
meeting duly called and held where a quorum of at least two members are
present. Any one or more members of the authority may participate in a
meeting of such authority by means of a conference telephone or similar
communications equipment allowing all persons participating in the
meeting to hear or see and hear each other at the same time.
Participation by such means shall constitute presence in person at a
meeting. The vote of a majority of the members present at the time of
the vote, if a quorum is present at such time, shall be the act of the
authority. No action shall be taken except pursuant to the favorable
vote of at least two voting members. All votes must be made in person at
a meeting and no vote may be made by proxy. The governing body may
delegate to one or more of its members, officers or agents such powers
and duties as it may deem proper.

3. The officers of the authority shall consist of a chair, a
vice-chair, a treasurer, and a secretary. Such secretary or treasurer
need not be a member of the authority. Such officers shall be appointed
by the governing body and shall serve in such capacities at the pleasure
of the governing body. In addition to the treasurer or secretary, the
governing body may appoint and at pleasure remove such additional
officers as it may determine necessary for the performance of the powers
and duties of the authority. The governing body may also from time to
time contract for expert professional services. The treasurer shall
execute a bond, conditioned upon the faithful performance of the duties
of his or her office. The amount and sufficiency of such bond shall be
approved by the governing body and the premium therefor shall be paid by
the authority.

4. Notwithstanding any inconsistent provision of any general, special
or local law, ordinance, resolution or charter, no officer, member or
employee of the state, the city, any other municipality, or any state
agency, shall forfeit his or her office or employment or any benefits
provided under the retirement and social security law by reason of his
or her acceptance of appointment as a member, officer or agent of the
authority, nor shall service as such member, officer or agent be deemed
incompatible or in conflict with such office, membership or employment.

5. (a) The mayor shall file on or before December thirty-first of the
year following the year in which this title shall have become a law, in
the office of the secretary of state, a certificate signed by the mayor
setting forth: (i) the name of the authority; (ii) the names of the
members appointed by the mayor; and (iii) the effective date of the
special act of the state legislature creating the authority. If such
certificate is not filed with the secretary of state on or before such
date, then the corporate existence of the authority shall thereupon
terminate and it shall thereupon be deemed to be and shall be dissolved.

(b) The authority and its corporate existence shall continue until
terminated by law, provided, however, that no such law shall take effect
so long as the authority shall have bonds or other obligations
outstanding, unless adequate provision has been made for the payment or
satisfaction thereof, or so long as the water board shall have
contractual duties or obligations outstanding unless adequate provision
has been made for the satisfaction thereof. Upon termination of the
existence of the authority, all of the rights, obligations and
properties of the authority then remaining shall pass to and vest to the
city, with the city's consent, if the authority acquired such property
from the city, or to a municipality, with the municipality's consent, if
the authority acquired such property from such municipality, unless
otherwise provided in an agreement between the city or municipality and
the authority, and except as otherwise may be specified by law.

6. It is hereby determined and declared that the authority and the
carrying out of its powers and duties are in all respects for the
benefit of the people of the city and the service area and the state for
the improvement of their health, welfare and prosperity and that such
purposes are public purposes and that the authority is and will be
performing an essential governmental function in the exercise of the
powers conferred upon it by this title.

7. Nothing in this title shall be construed to obligate the state in
any way in connection with the operations or obligations of the
authority.